AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
32. WORK IN THE HEAT/INCLEMENT WEATHER
32.1.1 Definition of work in the heat
Work in the heat shall mean extremes of high temperature by virtue of which it is either not reasonable or not safe for employees exposed thereto to continue working while such conditions prevail.
32.1.2 Parties to confer over work in the heat
The employer, or its representative, shall when requested by the employees or a representative of the employees confer within a reasonable period of time which shall not exceed 30 minutes for the purpose of determining whether or not the conditions referred to in this clause shall apply.
32.1.3 Employees may be transferred due to heat
Employees may be transferred from one location where it is not reasonable or not safe to work due to the extremes of heat, to another location where it is reasonable and safe to work.
32.1.4 Payment for lost time due to heat
32.1.4(a) An employee shall be entitled to payment by the employer for ordinary time lost through extremes of heat referred to in this clause.
32.1.4(b) An employee shall not be entitled to payment for time lost during extremes of heat as provided or in this clause unless the employee remains on the job until the provision set out in this clause has been observed.
32.2 Inclement weather in South Australia
32.2.1 Definition of inclement weather
Inclement weather shall mean the existence of abnormal and extreme climatic conditions by virtue of which it is either not reasonable or not safe for workmen exposed thereto to continue working a construction site whilst such conditions prevail
32.2.2 Conference procedure for inclement weather
The employer or its representative shall, when requested by the employees or an CEPU representative, confer within reasonable time (which shall not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in this clause apply.
32.2.3 Transfer of work site due to inclement weather
32.2.3(a) Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site or to another site which is not affected by inclement weather subject to the following:
32.2.3(b) Employees may be transferred from one site to another and the employer provides transport where necessary.
32.2.4 Payment for lost time due to inclement weather
32.2.4(a) An employee shall be entitled to payment by the employer for ordinary time lost through inclement weather whilst such conditions prevail.
32.2.4(b) An employee shall not be entitled to payment for time lost through inclement weather as provided for in this clause unless the provisions of this clause have been observed.
32.2.4(c) An employee shall be entitled to payment by the employer for ordinary time lost through inclement weather for up to sixteen hours in every period of four weeks.
32.3 Inclement weather in the Australian Capital Territory
32.3.1 Weather regarded as inclement
[32.3.1 varied by Q9130 ppc 30Jun98]
Weather shall not be regarded as inclement unless the employer, or its representative on-the-job, and the employee or their representative on-the-job agree that it shall be so regarded. Failing such agreement the matter shall be dealt with in accordance with clause 10 - Settlement of Disputes or Claims.
32.3.2 Cessation of work due to inclement weather
32.3.2(a) Any intermission of work owing to inclement weather as agreed in accordance with clause 32.3.1 shall immediately cease and work shall be immediately resumed on the employer or its representative calling for a resumption of work.
32.3.2(b) An employee shall not be entitled to payment as provided for in this Part unless the employee complies with the provisions of clause 32.3.1 and remains on the job until a decision to cease work.
32.3.2(c) The intermission of work by employees who would be exposed to or working in inclement weather so regarded in accordance with this clause shall not be a ground for intermission of work in places where employees are not so exposed to or are not called upon to work in such inclement weather.
32.3.3 Transfer of location due to inclement weather
Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site, which is not affected by inclement weather subject to the following:
32.3.3(a) No employee shall be transferred to an area not affected by inclement weather unless there is work available in the employee’s trade.
32.3.3(b) Employees may be transferred from one location on a site to work in areas which are not affected by conditions of inclement weather even though there may not be work for all employees in such areas.
32.3.3(c) Employees may be transferred from one site to another site and the employer provides, where necessary, transport.
